19454 Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Proposed Rules 

length; and 18 inches (45.72 cm)in 

height for vessels longer than 65 ft 

(19.81 m) in length. Markings must be 

legible and of a color that contrasts with 

the background. 

As discussed during the HMS FMP 

Plan Development phase, the Council’s 

intent in recommending the current 

requirement, was to address marking for 

identification purposes on HMS 

commercial fishing vessels, not 

recreational charter vessels. Our intent 

in promulgating the rule was to exempt 

recreational charter vessels from the 

marking requirements, similar to 

exemptions granted under the Council’s 

Groundfish FMP. The current inclusion 

of HMS recreational charter vessels as 

part of the vessel identification 

requirements in the HMS FMP is not 

consistent with how vessel marking 

requirements are applied in the 

Groundfish FMP. The Council 

recommended to NMFS that meeting 

this requirement was not necessary as 

the HMS recreational charter vessels 

were already adequately marked, under 

existing state and U.S. Coast Guard 

regulations, so as to be identified by 

enforcement assets from both air and 

sea. In addition to being unnecessary for 

enforcement purposes, compliance with 

the current marking requirement would 

detract from the aesthetics of the charter 

vessels and degrade the ‘‘attraction 

factor’’ for future clients. 

Classification 

NMFS has determined that the 

proposed rule is consistent with the 

HMS FMP and preliminarily 

determined that this proposed rule is 

consistent with the Magnuson-Stevens 

Fishery Conservation and Management 

Act and other applicable laws. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

Approximately 327 vessels were 

permitted under the HMS FMP to 

operate in the HMS recreational charter 

fishery off the U.S. West Coast in 2006. 

This proposed rule would exclude 

owners of HMS permitted recreational 

charter vessels from the vessel 

identification regulations at 50 CFR 

660.704. The cost of maintaining/ 

applying the identification numbers is 

approximately one and one-half hours 

of labor and the cost of approximately 

3 gallons of marine paint, or about $20. 

All vessels affected by this rule are 

considered small business entities; the 

rule should not only have no adverse 

economic impact to them, but should 

have a direct positive impact to them 

(i.e., it simply would relieve a burden). 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: April 13, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 660 is proposed 

to be amended as follows: 

PART 660—FISHERIES OFF THE WEST 

COAST STATES 

1. The authority citation for part 660 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

2. Section 660.704 is revised to read 

as follows: 

§ 660.704 Vessel identification. 

(a) General. This section only applies 

to commercial fishing vessels that fish 

for HMS off or land HMS in the States 

of California, Oregon, and Washington. 

This section does not apply to 

recreational charter vessels that fish for 

HMS off or land HMS in the States of 

California, Oregon, and Washington. 

(b) Official number. Each fishing 

vessel subject to this section must 

display its official number on the port 

and starboard sides of the deckhouse or 

hull, and on an appropriate weather 

deck so as to be visible from 

enforcement vessels and aircraft. 

(c) Numerals. The official number 

must be affixed to each vessel subject to 

this section in block Arabic numerals at 

least 10 inches (25.40 cm) in height for 

vessels more than 25 ft (7.62 m) but 

equal to or less than 65 ft (19.81 m) in 

length; and 18 inches (45.72 cm)in 

height for vessels longer than 65 ft 

(19.81 m) in length. Markings must be 

legible and of a color that contrasts with 

the background. 

[FR Doc. E7–7381 Filed 4–17–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070322067–7067–01; I.D. 

031407A] 

RIN 0648–AU03 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Prohibited Species 

Bycatch Management 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule. 

SUMMARY: NMFS proposes to amend 

regulations governing salmon bycatch in 

the Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to enhance the effectiveness 

of salmon bycatch measures by (1) 

exempting pollock vessels from Chinook 

and chum salmon savings area closures 

if they participate in an intercooperative agreement (ICA) to reduce 

salmon bycatch, and (2) exempting 

vessels participating in non-pollock 

trawl fisheries from chum salmon 

savings area closures because these 

fisheries intercept minimal amounts of 

salmon. The proposed rule is intended 

to promote the goals and objectives of 

the Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area 

(FMP). 

DATES: Written comments must be 

received by June 4, 2007. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian, Records Officer. 

Comments may be submitted by any of 

the following methods: 

• E-mail: 0648–au03–BSA84–APR@noaa.gov. Include in the subject 

line the following identifier: BS salmon 

proposed rule. E-mail comments, with 

or without attachments, are limited to 5 

megabytes; 

• Federal e-Rulemaking Portal: 

http:www.regulations.gov; 

• Mail to P.O. Box 21668, Juneau, AK 

99802; 

• Fax: to (907) 586–7557; or 

• Hand Delivery to the Federal 

Building, 709 West 9th Street, Room 

420A, Juneau, AK. 

Copies of the Environmental 

Assessment/Regulatory Impact Review/ 

Initial Regulatory Flexibility Analysis 

(EA/RIR/IRFA) prepared for this action 


rmajette on PROD1PC67 with PROPOSALS
Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Proposed Rules 19455 

may be obtained from the same mailing 

address listed here or from the NMFS 

Alaska Region Web site at 

www.fakr.noaa.gov. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this proposed 

rule may be submitted to NMFS at 

ADDRESSES above and by e-mail to 

DavidlRostker@omb.eop.gov, or fax to 

(202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Jason Anderson, 907–586–7228, or 

jason.anderson@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

NMFS manages the U.S. groundfish 

fisheries of the BSAI in the Exclusive 

Economic Zone under the FMP. The 

North Pacific Fishery Management 

Council (Council) prepared the FMP 

pursuant to the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

Regulations implementing the FMP 

appear at 50 CFR part 679. General 

regulations that pertain to U.S. fisheries 

appear at subpart H of 50 CFR part 600. 

Pacific salmon are caught incidentally 

in the BSAI trawl fisheries, especially in 

the pollock fishery. Of the five species 

of Pacific salmon, Chinook salmon 

(Onchorynchus tshawytscha) and chum 

salmon (O. keta) are most often 

incidentally caught in the pollock 

fishery. Pacific salmon are placed into 

two categories for purposes of salmon 

bycatch management: Chinook and nonChinook. The non-Chinook category is 

comprised of chum, sockeye (O. nerka), 

pink (O. gorbuscha), and coho (O. 

kisutch) salmon. However, from 2001 

through 2004, chum salmon represented 

about 98 percent of non-Chinook 

salmon harvested incidentally in the 

pollock trawl fisheries. For 

convenience, all non-Chinook salmon 

are referred to as chum salmon. 

To address Chinook salmon bycatch 

concerns, the Council adopted several 

management measures designed to 

reduce overall Chinook salmon bycatch 

in the BSAI trawl fisheries. In 1995, the 

Council adopted, and NMFS approved, 

Amendment 21b to the FMP. Based on 

historic information on salmon bycatch, 

Amendment 21b established a Chinook 

salmon savings area (60 FR 31215, 

November 29, 1995). Under Amendment 

21b, the Chinook salmon savings area 

closed when the incidental catch of 

Chinook salmon in BSAI trawl fisheries 

reached 48,000 fish. Amendment 58 to 

the FMP revised the Chinook salmon 

savings area measures (65 FR 60587, 

October 12, 2000). Amendment 58 

reduced the Chinook salmon bycatch 

limit from 48,000 fish to 29,000 fish, 

mandated year-round accounting of 

Chinook bycatch in the directed pollock 

fishery, revised the boundaries of the 

Chinook salmon savings area closure, 

and implemented new closure dates. 

The timing of the closure depends on 

when the limit is reached. If the limit is 

reached: 

• Before April 15, the area closes 

immediately through April 15. After 

April 15, the area re-opens, but closes 

again from September 1 through 

December 31. 

• Between April 15 and September 1, 

the area would close from September 1 

through the end of the year. 

• After September 1, the area closes 

immediately through the end of the 

year. 

The Chinook salmon savings area was 

further modified by Amendment 82 to 

the FMP (70 FR 9856, March 1, 2005). 

Amendment 82 established a separate 

Aleutian Islands subarea bycatch limit 

that, when reached, closes the existing 

Chinook salmon savings area located in 

the Aleutian Islands subarea (Area 1). 

The Chinook salmon savings area 

located in the Bering Sea subarea 

remained unchanged, but was 

designated as Area 2. 

The Council also adopted a time-area 

closure designed to reduce overall chum 

salmon bycatch in the BSAI trawl 

fisheries. In 1995, Amendment 35 to the 

FMP established the chum salmon 

savings area (60 FR 34904, July 5, 1995). 

This area is closed to all trawling from 

August 1 through August 31 of each 

year. Additionally, if 42,000 chum 

salmon are caught in the Catcher Vessel 

Operational Area (CVOA) during the 

period August 15 through October 14, 

the area remains closed for the 

remainder of the calendar year. 

Community development quota (CDQ) 

groups receive, along with allocations of 

groundfish CDQ, individual allocations 

of Chinook and non-Chinook annual 

bycatch amounts. Vessels groundfish 

CDQ fishing are not subject to the chum 

and Chinook salmon savings area 

closures that apply to the non-CDQ 

pollock fisheries. Rather, the Chinook 

salmon savings area closes to vessels 

directed fishing for pollock for a CDQ 

group once that CDQ group has reached 

its Chinook salmon bycatch limit. The 

chum salmon savings area closes to 

vessels using trawl gear to fish for 

groundfish CDQ once that CDQ group 

has reached its non-Chinook salmon 

bycatch limit. Thus, individual CDQ 

groups are subject to salmon savings 

area closures based on their respective 

catch of chum or Chinook salmon while 

groundfish CDQ fishing. 

The Chinook and chum salmon 

savings areas were adopted based on 

historic observed salmon bycatch rates 

and were designed to avoid high spatial 

and temporal levels of salmon bycatch. 

From 1990 through 2001, the BSAI 

salmon bycatch average was 37,819 

Chinook and 69,332 chum annually. 

Recently, however, salmon bycatch 

numbers have increased substantially. 

In 2003, 54,911 Chinook salmon and 

197,091 chum salmon were taken 

incidentally in the trawl fisheries. In 

2004, salmon bycatch increased 

substantially to 62,493 Chinook and 

465,650 chum salmon. Bycatch amounts 

remained high in 2005 and totaled 

67,541 Chinook and 116,999 chum 

salmon. 

Since its establishment in 1995, the 

Chinook salmon savings area closure 

only has been triggered since 2003. The 

Chinook salmon bycatch limit was not 

reached prior to 2003. In 2003, the 

Chinook salmon savings area closed to 

directed trawl fishing for non-CDQ 

pollock on September 1, with the 

closure remaining in effect until the end 

of the calendar year. In 2004, the 

Chinook salmon savings area closed to 

directed trawl fishing for non-CDQ 

pollock on September 5 through the end 

of the year. In 2005, the Chinook salmon 

savings area in the Bering Sea subarea 

was closed to directed trawl fishing for 

non-CDQ pollock on September 1 

through the end of the year. 

Since establishment of the chum 

salmon savings area in 1995, the 

bycatch of non-Chinook salmon 

triggered closures in 2002, 2003, 2004, 

and 2005. In these years, the chum 

salmon savings area closed to non-CDQ 

trawl fisheries in September and 

October. 

Anecdotal information from 

participants in the BSAI trawl fisheries 

indicated that salmon bycatch rates may 

be higher outside the Chinook and 

chum salmon savings area. In February 

2005, the Council initiated an EA/RIR/ 

IRFA to explore alternatives to the 

current salmon bycatch measures. 

Spatial and temporal comparisons of 

non-CDQ vessels fishing outside of the 

salmon savings areas with CDQ vessels 

fishing inside of the salmon savings 

areas indicated that bycatch rates were 

much higher outside of the savings 

areas. 

In October 2005, the Council adopted 

Amendment 84 to the FMP. 

Amendment 84 would exempt non-CDQ 

and CDQ pollock vessels participating 

in a salmon bycatch reduction ICA from 

closures of the Chinook and chum 

salmon savings areas in the Bering Sea. 

Additionally, vessels participating in 

trawl fisheries for species other than 


rmajette on PROD1PC67 with PROPOSALS
19456 Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Proposed Rules 

pollock would be exempt from chum 

salmon savings area closures. The 

Council and NMFS intend to use NMFS 

salmon bycatch information to assess 

the effectiveness of regulations 

implementing Amendment 84 at 

reducing salmon bycatch in the directed 

pollock fisheries. The Council also 

asked for participants in the salmon 

bycatch reduction ICA to report 

annually on how effective the ICA 

appears to be at reducing salmon 

bycatch. The Council also will gather 

additional information to assess the 

effectiveness of the ICA in coordinating 

voluntary salmon bycatch reduction 

efforts by participants in the Bering Sea 

pollock fisheries. Additionally, this 

information could be used to further 

assess whether participants fishing in 

the current salmon savings areas 

continue to encounter lower salmon 

bycatch rates than participants fishing 

outside of salmon savings areas. 

The Council is also developing a 

separate FMP amendment that could 

result in additional management 

measures to reduce salmon bycatch. 

These measures could include altering 

the geographic coordinates of the 

Chinook and chum salmon savings areas 

based on recent bycatch rates, and 

implementing an individual salmon 

bycatch accountability program. 

However, the Council determined that 

consideration of these management 

measures would require additional time 

and chose to expedite Amendment 84 

while the Council develops the second 

amendment. 

Salmon Bycatch Reduction ICA 

Amendment 84 proposes a 

management program intended to 

enable the pollock fleet to utilize its 

internal cooperative structure to reduce 

salmon bycatch. If Amendment 84 is 

approved and implemented, salmon 

savings area closures would not apply to 

vessels that operate under a salmon 

bycatch reduction ICA. Rather, the 

agency intends that salmon bycatch 

would be reduced as ICA parties comply 

with the provisions of the ICA. The ICA, 

including its enforcement mechanism, 

is discussed further below. 

The salmon bycatch reduction ICA is 

intended to reduce salmon bycatch in 

the BSAI non-CDQ and CDQ pollock 

fisheries. American Fisheries Act (AFA) 

pollock fishery participants would 

incorporate the ICA into existing 

cooperative agreements. 

CDQ groups, western Alaska 

community organizations, and AFA 

cooperatives would be eligible to 

become parties to the ICA. Parties to the 

ICA could include the following AFA 

cooperatives: Pollock Conservation 

Cooperative, the High Seas Catchers 

Cooperative, the Mothership Fleet 

Cooperative, the Inshore Cooperatives 

(Akutan Catcher Vessel Association, 

Arctic Enterprise Association, Northern 

Victor Fleet Cooperative, Peter Pan Fleet 

Cooperative, Unalaska Fleet 

Cooperative, Unisea Fleet Cooperative 

and Westward Fleet Cooperative) and 

all six CDQ groups. Additionally, 

western Alaskan groups who have an 

interest in the sustainability of salmon 

resources could be parties in the ICA. 

The ICA must identify at least one third 

party group representing western 

Alaskans who depend on salmon and 

have an interest in salmon bycatch 

reduction. 

The purpose of the ICA would be to 

use real-time salmon bycatch 

information to avoid high incidental 

catch rates of chum and Chinook 

salmon. The ICA would be a contractual 

agreement among the parties. All parties 

to the ICA would agree to comply with 

ICA provisions, including requirements 

to retain the services of a private 

contractor to collect and analyze 

bycatch data and report salmon bycatch 

information to the ICA parties. 

The ICA would require that the third 

party hired to facilitate salmon bycatch 

avoidance compare the bycatch rate of 

a participating cooperative to a predetermined bycatch rate (base rate). All 

ICA provisions for fleet bycatch 

avoidance behavior, closures, and 

enforcement would be based on the 

ratio of the cooperative’s rate to the base 

rate. 

The third party entity hired to 

facilitate salmon bycatch avoidance 

would assign an ICA cooperative to one 

of three tiers based on its bycatch rate 

relative to the base rate. Higher tiers 

correspond to higher bycatch rates. Tier 

assignments determine access privileges 

to specific fishing areas. The ICA would 

prohibit a participant assigned to a high 

tier from fishing in a relatively larger 

geographic area to avoid high bycatch 

areas. Conversely, the ICA would grant 

access to a wider range of fishing areas 

to a participant assigned to a low tier 

based on fishing behavior that results in 

relatively low bycatch. The contractor 

would track bycatch rates for each 

participant. The ICA would specify a 

participant’s tier assignment each week 

based on that participant’s bycatch rate 

for the previous week. Thus, 

participants would have incentives to 

avoid fishing behavior that results in 

high bycatch rates. 

Monitoring and enforcement would 

be facilitated through the ICA. Any of 

the parties to the ICA may bring civil 

suit or initiate a binding arbitration 

action against another party for violating 

the ICA. For example, a participant that 

fishes for pollock in a prohibited area 

based on its tier assignment would be 

subject to a monetary penalty. The ICA 

would include a penalty schedule for 

violating these tier closures. 

As described above, two western 

Alaska salmon user groups could be 

parties to the ICA. These groups do not 

participate in commercial groundfish 

fisheries off Alaska. However, they 

represent subsistence salmon users, and 

are concerned about the amount of 

salmon bycatch taken in the groundfish 

fisheries. Because their members are 

partially dependent on healthy salmon 

returns, the western Alaska user groups 

have incentives to reduce salmon 

bycatch in the groundfish fisheries and 

monitor performance of the ICA’s 

bycatch reduction measures. The 

Council’s intent is that their 

participation in the ICA may improve 

monitoring and compliance among the 

parties. If either of these western Alaska 

user groups determines that fishing is 

not in compliance with the ICA, the 

user group could bring civil suit against 

the offending parties. 

Chum Salmon Savings Area Exemption 

Vessels participating in non-pollock 

trawl fisheries currently are subject to 

the chum salmon savings area closure. 

However, the best available information 

summarized in the EA/RIR/IRFA 

prepared for this action indicates that 97 

percent of the 2002 and 2003 chum 

salmon bycatch occurred in the pollock 

fisheries. Because the non-pollock trawl 

sector accounts for such a small portion 

of the chum bycatch, the Council 

recommended exempting all nonpollock trawl vessels from the chum 

salmon savings area closure. While this 

proposed rule would exempt nonpollock trawl vessels from this closure, 

any chum salmon bycatch by these 

vessels would continue to contribute 

towards triggering closures. 

Proposed Changes to Regulations 

The salmon bycatch reduction ICA 

would be defined at § 679.2 as a 

voluntary civil agreement among 

pollock cooperatives, CDQ groups, and 

western Alaska subsistence salmon user 

groups that is intended to coordinate the 

pollock fishery in a manner that reduces 

incidental catch rates of salmon. 

Prohibitions at § 679.7 would be 

revised to incorporate the primary 

elements of this proposed action into 

two existing prohibitions specific to 

CDQ fisheries. Section 679.7(d)(9) and 

(10) would be revised to extend the 

exemptions from salmon savings area 

closures to vessels participating in the 

pollock CDQ fishery under a salmon 


rmajette on PROD1PC67 with PROPOSALS
Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Proposed Rules 19457 

bycatch reduction ICA. Additionally, 

§§ 679.7(d)(10), 679.21(e)(7)(vii), and 

679.22(a)(10) would be revised to 

exempt trawl vessels directed fishing for 

groundfish other than pollock from the 

chum salmon savings area closure. 

Regulations at §§ 679.21(e)(7)(ix) 

would be revised to exempt pollock 

trawl vessels participating in a salmon 

bycatch reduction ICA from closures in 

Area 2 of the Chinook salmon savings 

area. Vessels that are not participating 

in the salmon bycatch reduction ICA 

would remain subject to Chinook and 

chum salmon savings area closures. 

As noted above, NMFS would not 

enforce provisions of the salmon 

bycatch reduction ICA. However, these 

proposed regulations would require the 

ICA to include basic provisions 

necessary to reduce salmon bycatch in 

the pollock fisheries. Additionally, 

NMFS would review the ICA for 

compliance with regulations. An ICA 

that includes these basic provisions 

would be approved by NMFS. If NMFS 

does not approve an ICA, participants 

would be able to appeal that 

determination, subject to current 

regulations at § 679.43. The process for 

submitting and obtaining NMFS 

approval of an ICA would be described 

at § 679.21(g). Additionally, 

§ 679.21(g)(4) would establish an initial 

deadline of December 1, 2007, for the 

2008 fishing year, and the ICA would 

remain in effect until it expires or is 

amended. An amendment of the ICA 

would require submission of an 

amended ICA signed by all parties and 

approval by final agency action of the 

amended ICA by NMFS. 

Minimum requirements for an ICA 

would be described at § 679.21(g)(6). 

The proposed rule would require the 

salmon bycatch reduction ICA to list the 

parties to the agreement, describe how 

participants would avoid salmon 

bycatch in directed pollock fisheries, 

and describe internal monitoring and 

enforcement mechanisms for the ICA. It 

would require the ICA to identify at 

least one private firm retained to 

facilitate bycatch avoidance behavior 

and information sharing. It would 

require the ICA to dictate salmon 

bycatch avoidance behaviors for vessel 

operators subject to the ICA. In addition, 

it would require the ICA to specify a 

salmon bycatch base rate, a method for 

assigning a cooperative or CDQ group to 

one of three tiers based on its salmon 

bycatch rate relative to the salmon 

bycatch base rate and provisions for 

governing access to fishing areas by 

cooperatives or CDQ groups assigned to 

each tier. Finally, it would require the 

ICA to require all parties to comply with 

the provisions of the ICA. 

The proposed rule also would require 

the ICA to include the names, Federal 

fisheries permit numbers, and United 

States Coast Guard (USCG) vessel 

identification numbers of vessels subject 

to the salmon bycatch reduction ICA. 

Finally, the proposed rule would 

require the ICA to list the name, 

business address, and phone number of 

the person who will annually file the 

ICA with NMFS. 

The proposed rule also would require 

participants to procure an external 

compliance audit. If the compliance 

audit reveals a previously unidentified 

violation of the terms of the ICA, the 

information used to determine that this 

violation occurred would be required to 

be disseminated to all participants. 

Furthermore, if a violation of the ICA is 

identified at any time, but a penalty is 

not assessed, the information used to 

identify that violation would be 

required to be disseminated to all 

participants. These provisions are 

intended to increase transparency for 

the participants, and allow each 

participant to monitor compliance with 

the terms of the ICA. 

If the Council determined that the 

salmon bycatch reduction ICA did not 

effectively reduce salmon bycatch, it 

could initiate a separate action to 

accomplish salmon bycatch reduction 

goals. Additionally, NMFS is concerned 

about the effective execution of the 

terms and conditions of the ICA. To 

address these concerns, regulations at 

§ 679.61(f)(2)(vi) would require AFA 

annual reports to include the number of 

violations of the ICA, the nature of those 

violations, and the penalty imposed, if 

any, against the violating party. 

Public comments are being solicited 

on the FMP amendment through the end 

of the comment period stated in the 

NOA. Public comments on the proposed 

rule must be received by the end of the 

comment period on the amendment, as 

published in the NOA, to be considered 

in the approval/disapproval decision on 

the amendment. All comments received 

by the end of the comment period on 

the amendment, whether specifically 

directed to the amendment, or the 

proposed rule, will be considered in the 

approval/disapproval decision. 

Comments received after that date will 

not be considered in the approval/ 

disapproval decision on the 

amendment. To be considered, 

comments must be received by close of 

business on the last day of the comment 

period; that does not mean postmarked 

or otherwise transmitted by that date. 

Classification 

At this time, NMFS has not 

determined that the FMP/amendment 

that this rule would implement is 

consistent with the national standards 

of the Magnuson-Stevens Act and other 

applicable laws. NMFS, in making that 

determination, will take into account 

the data, views, and comments received 

during the comment period. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

NMFS prepared an initial regulatory 

flexibility analysis (IRFA) as required by 

section 603 of the Regulatory Flexibility 

Act. The IRFA describes the economic 

impact this proposed rule, if adopted, 

would have on small entities. A 

description of the action, why it is being 

considered, and the legal basis for this 

action are contained at the beginning of 

the preamble and in the SUMMARY

section of the preamble. A copy of the 

IRFA is available from NMFS (see 

ADDRESSES). A summary of the analysis 

follows. 

This action proposes to exempt 

vessels participating in directed pollock 

fishing from Chinook and chum salmon 

savings area closures if they participate 

in a salmon bycatch reduction ICA. The 

ICA is intended to reduce salmon 

bycatch in the BSAI AFA and CDQ 

pollock fisheries. Additionally, this 

proposed rule would exempt all nonpollock trawl vessels from the chum 

salmon savings area closure. 

In 2003, about 116 trawl catcher 

vessels operated in the BSAI with gross 

revenues less than $3.5 million. NMFS 

records indicate that 112 BSAI catcher 

vessels were members of AFA 

cooperatives. Because of Small Business 

Administration affiliation guidelines, all 

AFA vessels are considered large 

entities. Therefore, four BSAI trawl 

catcher vessels appear to qualify as 

small entities. Additionally, NMFS’

2003 data indicates that three non-AFA 

catcher processor trawl vessels had 

gross revenues less than $3.5 million. 

Alternative 1, the status quo, has 

resulted in increases in salmon bycatch 

in the Bering Sea pollock trawl fishery 

in recent years. This translates into 

foregone salmon value, assuming full 

terminal harvest of salmon bycatch, of 

nearly $1 million for Chinook and more 

than $250 thousand for chum in 2003. 

These values very likely overstate the 

actual harvest that might have occurred 

if salmon bycatch had not been taken in 

the Bering Sea pollock trawl fishery. 

Unfortunately, it is not possible to 

estimate actual harvest value more 

accurately at this time. However, the 

increases in salmon bycatch under the 

status quo likely results in increases in 

foregone value and decreased benefits of 

bycatch reduction. The status quo could 

also lead to future restrictions on the 


rmajette on PROD1PC67 with PROPOSALS
19458 Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Proposed Rules 

Bering Sea pollock trawl fleet to reduce 

the incidental take of Chinook salmon 

listed under the Endangered Species 

Act. 

Alternative 2 would eliminate the 

salmon savings closure areas altogether. 

The result would likely be reduced 

operational costs, improved vessel 

safety, improved product quality, and 

reduced management and enforcement 

costs. However, in the absence of any 

bycatch reduction measures this 

alternative may result in further 

increase in salmon bycatch in the Bering 

Sea pollock trawl fishery. Were that to 

occur, the foregone value of such 

bycatch would increase and the 

associate benefits of bycatch reduction 

would decrease, possibly dramatically. 

This could also result in the increased 

take of listed Chinook salmon in the 

Bering Sea pollock trawl fisheries. 

Alternative 3 would be implemented 

by this proposed rule. It would exempt 

vessels participating in a salmon 

bycatch reduction ICA from the BSAI 

salmon savings area closures. It is 

expected to reduce salmon bycatch in 

the BSAI pollock fisheries by penalizing 

participants that exhibit high salmon 

bycatch rates and rewarding 

participants that exhibit low salmon 

bycatch rates. Vessels participating in a 

salmon bycatch reduction ICA would be 

subject to a dynamic system of rolling 

‘‘hot spot’’ closures dictated by the ICA 

and designed to reduce salmon bycatch. 

This alternative would likely reduce 

operational costs, improve vessel safety, 

and improve product quality. 

Alternative 3 also has the potential to 

reduce salmon bycatch more than the 

status quo management measures. If that 

potential is realized, Alternative 3 

would reduce foregone value of salmon 

bycatch and increase the overall benefits 

of bycatch reduction. Alternative 3 also 

provides some mitigation possibilities 

for western Alaska subsistence salmon 

user groups by including them as parties 

to the ICA and enabling them to enforce 

compliance with the ICA’s salmon 

bycatch reduction measures in Bering 

Sea pollock fisheries. 

Alternative 3 would reduce 

management and enforcement costs for 

government agencies by transferring 

much of that cost to the fishing 

industry. The industry has volunteered 

to bear this cost in hopes of reducing 

operational costs associated with the 

status quo while at the same time 

attempting to reduce salmon bycatch. If 

bycatch is not reduced under 

Alternative 3, additional restrictions on 

the fleet could result. 

This proposed rule contains 

collection-of-information requirements 

subject to review and approval by OMB 

under the Paperwork Reduction Act 

(PRA). This requirement has been 

submitted to OMB for approval under 

OMB control number 0648–0401. Public 

reporting burden is estimated per 

response to average: 40 hours for salmon 

bycatch reduction inter-cooperative 

agreement (ICA); 15 minutes for renewal 

of ICA; 28 hours for preliminary annual 

report; 12 hours for final annual report; 

4 hours for ICA appeal. 

Reporting burden includes the time 

for reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed , and 

completing and reviewing the collection 

of information. 

Public comment is sought regarding: 

whether this proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

the accuracy of the burden estimate; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information, 

including through the use of automated 

collection techniques or other forms of 

information technology. Send comments 

on these or any other aspects of the 

collection of information to NMFS (see 

ADDRESSES) and e-mail to 

DavidlRostker@omb.eop.gov, or fax to 

(202) 395–7285. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

The analysis did not reveal any 

Federal rules that duplicate, overlap, or 

conflict with the proposed action. 

List of Subjects in 50 CFR Part 679 

Alaska, Fisheries, Reporting and 

recordkeeping requirements. 

Dated: April 11, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator For 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 679 is proposed 

to be amended as follows: 

PART 679—FISHERIES OF THE 

EXCLUSIVE ECONOMIC ZONE OFF 

ALASKA 

1. The authority citation for part 679 

continues to read as follows: 

Authority: 16 U.S.C. 773 et seq.; 1540(f); 

1801 et seq.; 1851 note; 3631 et seq. 

2. In § 679.2, the definition of 

‘‘Salmon bycatch reduction intercooperative agreement’’ is added in 

alphabetical order to read as follows: 

§ 679.2 Definitions. 

* * * * * 

Salmon bycatch reduction intercooperative agreement (ICA) is a 

voluntary chum and Chinook salmon 

catch avoidance agreement, as described 

at § 679.21(g) and approved by NMFS, 

for directed pollock fisheries in the 

Bering Sea subarea. 

* * * * * 

3. In § 679.7, paragraphs (d)(9) and 

(d)(10) are proposed to be revised to 

read as follows: 

§ 679.7 Prohibitions. 

* * * * * 

(d) * * * 

(9) For the operator of an eligible 

vessel, use trawl gear to harvest pollock 

CDQ in the Chinook Salmon Savings 

Area between January 1 and April 15, 

and between September 1 and December 

31, after the CDQ group’s Chinook 

salmon PSQ is attained, unless the 

vessel is participating in a salmon 

bycatch reduction ICA under 

§ 679.21(e)(7)(ix). 

(10) For the operator of an eligible 

vessel, use trawl gear to harvest pollock 

CDQ in the Chum Salmon Savings Area 

between September 1 and October 14 

after the CDQ group’s non-Chinook 

salmon PSQ is attained, unless the 

vessel is participating in a salmon 

bycatch reduction ICA under 

§ 679.21(e)(7)(ix). 

* * * * * 

4. In § 679.21, paragraph (e)(7)(vii) is 

revised and paragraphs (e)(7)(ix) and (g) 

are added to read as follows: 

§ 679.21 Prohibited species bycatch 

management. 

* * * * * 

(e) * * * 

(7) * * * 

(vii) Chum salmon. If the Regional 

Administrator determines that 42,000 

non-Chinook salmon have been caught 

by vessels using trawl gear during 

August 15 through October 14 in the 

CVOA, defined under § 679.22(a)(5) and 

in Figure 2 to this part, NMFS will 

prohibit directed fishing for pollock for 

the remainder of the period September 

1 through October 14 in the Chum 

Salmon Savings Area as defined in 

Figure 9 to this part. 

* * * * * 

(ix) Exemptions. 

(A) Trawl vessels participating in 

directed fishing for pollock and 

operating under a salmon bycatch 

reduction ICA approved by NMFS are 


rmajette on PROD1PC67 with PROPOSALS
Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Proposed Rules 19459 

exempt from closures in the Chum 

Salmon Savings Area described at 

§ 679.21(e)(7)(vii). See also 

§ 679.22(a)(10). 

(B) Trawl vessels participating in 

directed fishing for pollock and 

operating under a salmon bycatch 

reduction ICA approved by NMFS are 

exempt from closures in area 2 of the 

Chinook Salmon Savings Area described 

at § 679.21(e)(7)(viii). 

* * * * * 

(g) Requirements for vessels 

participating in a salmon bycatch 

reduction ICA. 

(1) Who must file the salmon bycatch 

reduction ICA? The representative for 

the salmon bycatch reduction ICA 

identified at (5)(v) of this paragraph 

must file a copy of the initial ICA and 

any amended salmon bycatch reduction 

ICA with NMFS. 

(2) With whom must the initial 

salmon bycatch reduction ICA and an 

amended salmon bycatch reduction ICA 

be filed? The ICA representative must 

send a signed copy of the initial salmon 

bycatch reduction ICA and any 

amended salmon bycatch reduction ICA 

to the NMFS Alaska Region. The 

mailing address for the Regional 

Administrator, NMFS Alaska Region is 

P.O. Box 21668, Juneau, AK 99802. The 

street address for courier delivery is 709 

West 9th St., Suite 401, Juneau, AK 

99801. 

(3) What is the deadline for filing? In 

order for any ICA participant to be 

exempt from salmon savings area 

closures as described at 

§ 679.21(e)(7)(ix)(A), 

§ 679.21(e)(7)(ix)(B) and § 679.22(a)(10), 

the salmon bycatch reduction ICA must 

be filed in compliance with the 

requirements of this section, and 

approved by NMFS. The initial salmon 

bycatch reduction ICA must be received 

by NMFS by December 1, 2007, for the 

2008 fishing year. Exemptions from 

salmon savings area closures will expire 

upon termination of the initial ICA, 

expiration of the initial ICA, or if 

superseded by a NMFS-approved 

amended salmon bycatch reduction 

ICA. 

(4) How is the initial and an amended 

salmon bycatch reduction ICA approved 

by NMFS? NMFS will approve the 

initial or an amended salmon bycatch 

reduction ICA if it meets all the 

requirements specified in paragraph 

(g)(5) of this section. If NMFS 

disapproves a salmon bycatch reduction 

ICA, the representative identified at 

(5)(v) of this section may resubmit a 

revised salmon bycatch reduction ICA 

or file an administrative appeal as set 

forth under the administrative appeals 

procedures described at § 679.43. 

(5) What are the minimum 

information requirements for the 

salmon bycatch reduction ICA? The 

salmon bycatch ICA must include the 

following provisions: 

(i) The names of the AFA 

cooperatives, CDQ groups, and third 

party groups that are parties to the ICA. 

The ICA must identify at least one third 

party group. Third party groups include 

any organizations representing western 

Alaskans who depend on Chinook and 

chum salmon and have an interest in 

salmon bycatch reduction but do not 

directly fish in a groundfish fishery. The 

ICA must identify one entity retained to 

facilitate vessel bycatch avoidance 

behavior and information sharing. 

Collectively, these groups are known as 

parties to the ICA. Parties to the ICA 

must agree to comply with all 

provisions of the ICA; 

(ii) The names, Federal fisheries 

permit numbers, and USCG vessel 

identification numbers of vessels subject 

to the salmon bycatch reduction ICA; 

(iii) Provisions that dictate salmon 

bycatch avoidance behaviors for vessel 

operators subject to the ICA, including: 

(A) ‘‘A’’ season salmon bycatch 

management. 

(1) Initial base rate calculation for 

Chinook salmon. The initial ‘‘A’’ season 

Chinook base rate shall be calculated by 

dividing the total number of Chinook 

taken incidentally in the ‘‘A’’ season 

prior year by the total number of metric 

tons of ‘‘A’’ season pollock catch during 

the prior year, except that if the initial 

‘‘A’’ season Chinook base rate for any 

given year is less than or equal to .04 

Chinook per metric ton of pollock, the 

initial base rate shall be .04 Chinook per 

metric ton, and if the initial base rate for 

any given year is equal to or greater than 

.06 Chinook per metric ton of pollock, 

the initial base rate shall be .06 Chinook 

per metric ton. Base rate calculations 

shall include Chinook salmon and 

pollock caught in both the CDQ and 

non-CDQ pollock directed fisheries. 

(2) Inseason adjustments to the 

Chinook salmon base rate calculation. 

On February 14 of each year, the ‘‘A’’

season Chinook base rate shall be 

recalculated. The recalculated base rate 

shall be the Chinook bycatch rate for the 

current year, calculated by dividing the 

total number of Chinook salmon taken 

incidentally in the current ‘‘A’’ season 

by the total number of metric tons of 

‘‘A’’ season pollock catch during the 

current season. The recalculated base 

rate shall be used to determine bycatch 

avoidance areas. 

(3) ICA salmon savings area notices. 

On January 30 of each year and each 

Thursday and Monday thereafter for the 

duration of the pollock ‘‘A’’ season, the 

non-party entity retained to facilitate 

vessel bycatch avoidance behavior and 

information sharing identified in 

paragraph (g)(6)(i) of this section must 

provide notice to the parties to the 

salmon bycatch reduction ICA and 

NMFS identifying one or more areas 

designated as ‘‘ICA Chinook Savings 

Areas’’ by a series of latitude and 

longitude coordinates. The Thursday 

notice of ICA Chinook savings area 

designations must be effective from 6 

pm Alaska local time the following 

Friday through 6 pm Alaska local time 

the following Tuesday. The Monday 

notice must be effective from 6 pm 

Alaska local time the following Tuesday 

through 6 pm Alaska local time the 

following Friday. For any ICA salmon 

savings area notice, the maximum total 

area closed must be at least 1000 square 

miles. 

(4) Fishing restrictions for vessels 

assigned to Tiers as described at 

paragraph (g)(6)(iii)(C) of this section. 

ICA Chinook savings area closures 

announced on Thursdays must be 

closed to directed fishing for pollock, 

including pollock CDQ, by vessels 

assigned to Tier 3 for seven days. ICA 

Chinook savings area closures 

announced on Thursdays must be 

closed to vessels assigned to Tier 2 

through 6 pm Alaska local time on the 

following Tuesday. Vessels assigned to 

Tier 1 may operate in any area 

designated as an ICA Chinook savings 

area. 

(B) ‘‘B’’ season salmon bycatch 

management. 

(1) ‘‘B’’ season Chinook salmon. For 

the ‘‘B’’ season of the 2008 fishing year, 

the Chinook salmon base rate shall be 

.05 Chinook salmon per metric ton of 

pollock. For the ‘‘B’’ season of the 2009 

fishing year and each ‘‘B’’ season 

thereafter, the base rate shall be based 

on the Chinook salmon bycatch during 

a representative period of the prior 

year’s ‘‘B’’ season. The recalculated base 

rate shall be used to determine bycatch 

avoidance areas. Base rate calculations 

shall include Chinook salmon and 

pollock caught in both the CDQ and 

non-CDQ pollock directed fisheries. 

(2) Non-Chinook salmon. The initial 

‘‘B’’ season non-Chinook salmon base 

rate shall be 0.19 non-Chinook salmon 

per metric ton of pollock. 

(3) Inseason adjustments to the nonChinook base rate calculation. 

Beginning July 1 of each fishing year, 

and on each Thursday during ‘‘B’’

season, the ‘‘B’’ season non-Chinook 

base rate shall be recalculated. The 

recalculated non-Chinook base rate shall 

be the three week rolling average of the 

‘‘B’’ season non-Chinook bycatch rate 

for the current year. The recalculated 


rmajette on PROD1PC67 with PROPOSALS
19460 Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Proposed Rules 

base rate shall be used to determine 

bycatch avoidance areas. 

(4) ICA salmon savings area notices. 

On each Thursday and Monday after 

June 10 of each year for the duration of 

the pollock ‘‘B’’ season, the non-party 

entity retained to facilitate vessel 

bycatch avoidance behavior and 

information sharing identified in 

paragraph (g)(6)(i) of this section must 

provide notice to the parties to the 

salmon bycatch reduction ICA and 

NMFS identifying one or more areas 

designated as ‘‘ICA Chinook Savings 

Areas’’ and/or ‘‘ICA Chum Savings 

Areas’’ by a series of latitude and 

longitude coordinates. The Thursday 

notice of ICA Chinook savings area 

designations must be effective from 6 

pm Alaska local time the following 

Friday through 6 pm Alaska local time 

the following Tuesday. The Monday 

notice must be effective from 6 pm 

Alaska local time the following Tuesday 

through 6 pm Alaska local time the 

following Friday. For any ICA salmon 

savings area notice, the maximum total 

area closed must be at least 3000 square 

miles for ICA chum savings area 

closures, and 500 square miles for ICA 

Chinook savings area closures. 

(5) Fishing restrictions for vessels 

assigned to Tiers as described at 

paragraph (g)(6)(iii)(C) of this section. 

ICA chum savings area closures 

announced on Thursdays must be 

closed to directed fishing for pollock, 

including pollock CDQ, by vessels 

assigned to Tier 3 for seven days. ICA 

chum savings area closures announced 

on Thursdays must be closed to vessels 

assigned to Tier 2 through 6 pm Alaska 

local time on the following Tuesday. 

Vessels assigned to Tier 1 may operate 

in any area designated as an ICA chum 

savings area. ICA Chinook savings areas 

must be closed to fishing by all vessels 

identified at paragraph (g)(6)(iii)(C) of 

this section. 

(C) Cooperative tier assignments. 

Initial and subsequent base rate 

calculations must be based on each 

cooperative’s pollock catch for the prior 

two weeks and the associated bycatch of 

Chinook or non-Chinook salmon taken 

by its members. Base rate calculations 

shall include salmon bycatch and 

pollock caught in both the CDQ and 

non-CDQ pollock directed fisheries. 

Coops with salmon bycatch rates of less 

than 75 percent of the base rate shall be 

assigned to Tier 1. Coops with salmon 

bycatch rates of equal to or greater than 

75 percent but equal to or less than 125 

percent of the base rate shall be assigned 

to Tier 2. Coops with salmon bycatch 

rates of greater than 125 percent of the 

base rate shall be assigned to Tier 3. 

Bycatch rates for Chinook salmon must 

be calculated separately from nonChinook salmon, and cooperatives must 

be assigned to tiers separately for 

Chinook and non-Chinook salmon 

bycatch. 

(iv) Internal monitoring and 

enforcement provisions to ensure 

compliance of fishing activities with the 

provisions of the ICA. The ICA must 

include provisions allowing any party of 

the ICA to bring civil suit or initiate a 

binding arbitration action against 

another for breach of the ICA. The ICA 

must include minimum annual uniform 

assessments for any violation of savings 

area closures of $10,000 for the first 

offense, $15,000 for the second offense, 

and $20,000 for each offense thereafter; 

(v) The name, phone number, and 

business address of the person who will 

annually file ICA with NMFS; 

(vi) Provisions requiring the parties to 

conduct an annual compliance audit, 

and to cooperate fully in such audit, 

including providing information 

required by the auditor. The compliance 

audit must be conducted by a non-party 

entity, and each party must have an 

opportunity to participate in selecting 

the non-party entity. If the non-party 

entity hired to conduct a compliance 

audit discovers a previously 

undiscovered failure to comply with the 

terms of the ICA, the non-party entity 

must notify all parties to the ICA of the 

failure to comply and must 

simultaneously distribute to all parties 

of the ICA information used to 

determine the failure to comply 

occurred and must include such 

notice(s) in the compliance report 

described in § 679.61(f)(2)(vii). 

(vii) Provisions requiring data 

dissemination in certain circumstances. 

If the entity retained to facilitate vessel 

bycatch avoidance behavior described at 

§ 679.61(g)(6)(i) determines that an 

apparent violation of an ICA savings are 

closure has occurred, that entity must 

promptly notify the Board of Directors 

of the cooperative to which the vessel 

involved belongs. If this Board of 

Directors fails to assess a minimum 

uniform assessment within 60 days of 

receiving the notice, the information 

used by the entity retained to facilitate 

vessel bycatch avoidance behavior to 

determine if an apparent violation was 

committed must be disseminated to all 

parties to the ICA. 

* * * * * 

5. In § 679.22, paragraph (a)(10) is 

revised to read as follows: 

§ 679.22 Closures. 

* * * * * 

(a) * * * 

(10) Chum Salmon Savings Area. 

Directed fishing for pollock by vessels 

using trawl gear is prohibited from 

August 1 through August 31 in the 

Chum Salmon Savings Area defined at 

Figure 9 to this part (see also 

§ 679.21(e)(7)(vii)). Vessels using trawl 

gear participating in directed fishing for 

pollock, including pollock CDQ, and 

operating under a salmon bycatch 

reduction ICA are exempt from closures 

in the Chum Salmon Savings Area. See 

also § 679.21(e)(7)(vii). 

* * * * * 

6. In § 679.61, paragraph (f)(2)(vii) is 

added to read as follows: 

§ 679.61 Formation and operation of 

fishery cooperatives. 

* * * * * 

(f) * * * 

(2) * * * 

(vii) The annual report must indicate 

the number of salmon taken by species 

and season, estimate number of salmon 

avoided as demonstrated by the 

movement of fishing effort away from 

salmon savings areas, include the 

results of the compliance audit 

described at § 679.21(g)(6)(vi), and list 

of each vessels number of appearances 

on the weekly dirty 20 lists for both 

salmon species. 

* * * * * 

[FR Doc. E7–7380 Filed 4–17–07; 8:45 am] 

BILLING CODE 3510–22–S 


rmajette on PROD1PC67 with PROPOSALS